H 1049

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    CS/HB 1049  2026
1A bill to be entitled
2An act relating to building permit requirements;
3amending s. 553.382, F.S.; providing that certain
4residential manufactured buildings may not be denied a
5building permit for the placement of such building;
6amending s. 553.73, F.S.; prohibiting a local
7government from adopting certain technical amendments
8to the Florida Building Code; amending s. 553.79,
9F.S.; prohibiting a local enforcement agency from
10requiring a building permit for work valued at a
11specified amount that is performed on a parcel
12containing a single-family residential dwelling;
13prohibiting a construction project from being divided
14into multiple projects to evade certain requirements;
15providing applicability; authorizing a local
16government to require a building permit for certain
17work regardless of the value of the work; requiring a
18contractor to maintain certain written records for a
19specified time period; creating s. 553.796, F.S.;
20defining the term "backup power system"; prohibiting a
21local enforcement agency from requiring a building
22permit for specified work on a backup power system
23that is installed by certain persons or entities;
24requiring local enforcement agencies to establish a
25specified process; requiring licensed contractors to
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26submit a notice of commencement before the
27installation of a backup power system; providing an
28exception; prohibiting local governments from adopting
29or enforcing certain ordinances, rules, or other
30measures; authorizing a local enforcement agency to
31conduct an inspection, either in person or virtually;
32prohibiting local enforcement agencies from requiring
33more than one inspection except under certain
34circumstances; authorizing an owner or the owner's
35contractor to use a private provider for certain
36inspections; requiring a local enforcement agency to
37provide certain persons a written notice of correction
38under certain circumstances; authorizing a stop-work
39order only under specific circumstances; requiring a
40local enforcement agency to offer an owner or the
41owner's contractor a reinspection date within a
42certain time period; providing that a private provider
43inspection report constitutes acceptance under certain
44circumstances; prohibiting a local enforcement agency
45from withholding or revoking a certificate of
46occupancy based solely on a failed inspection report;
47providing construction; providing an effective date.
48
49    Be It Enacted by the Legislature of the State of Florida:
50
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51Section 1.  Section 553.382, Florida Statutes, is amended
52    to read:
53553.382       Placement of certain housing.—Notwithstanding any
54    other law or ordinance to the contrary, in order to expand the
55    availability of affordable housing in this state, any
56    residential manufactured building that is certified under this
57    chapter by the department may not be denied a building permit
58    for placement be placed on a mobile home lot in a mobile home
59    park, on any lot in a recreational vehicle park, or in a mobile
60    home condominium, cooperative, or subdivision. Any such housing
61    unit placed on a mobile home lot is a mobile home for purposes
62    of chapter 723 and, therefore, all rights, obligations, and
63    duties under chapter 723 apply, including the specifics of the
64    prospectus. However, a housing unit subject to this section may
65    not be placed on a mobile home lot without the prior written
66    approval of the park owner. Each housing unit located on a
67    mobile home lot and subject to this section shall be taxed as a
68    mobile home under s. 320.08(11) and is subject to payments to
69    the Florida Mobile Home Relocation Fund under s. 723.06116.
70Section 2.  Paragraph (l) of subsection (4) of section
71    553.73, Florida Statutes, is redesignated as paragraph (m), and
72    a new paragraph (l) is added to that subsection, to read:
73553.73       Florida Building Code.—
74(4)
75(l)     A local government may not adopt a technical amendment
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76     to the Florida Building Code that requires a building permit, or
77     any local review or approval process that is functionally
78     equivalent to the permitting process, for a backup power system
79     that is exempt under s. 553.796.
80Section 3.  Paragraph (g) is added to subsection (1) of
81     section 553.79, Florida Statutes, to read:
82553.79       Permits; applications; issuance; inspections.—
83(1)
84(g)1.       A local enforcement agency may not require a
85     building permit for any work valued at less than $7,500 that is
86     performed on a parcel containing a single-family residential
87     dwelling. A construction project may not be divided into more
88     than one project for the purpose of evading the requirements in
89     this section. The exemption in this subparagraph does not apply
90     to construction, repair, remodeling, or improvement projects
91     that are part of a larger or major project, whether undertaken
92     by the same or a different contractor, or in which a division of
93     the operation is made in contracts of amounts less than $7,500
94     for the purpose of evading this part or otherwise.
952.      A local enforcement agency may require a building
96     permit for any electrical, plumbing, structural, mechanical, or
97     gas work, excluding the repair or replacement of exterior doors
98     or windows, that is performed on a single-family dwelling
99     parcel, regardless of the value of the work.
1003.      A contractor who performs work that does not require a
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101    permit under subparagraph 1. must keep for at least 5 years a
102    written record of the work performed, the property address at
103    which the work was performed, and the value of such work.
104Section 4.  Section 553.796, Florida Statutes, is created
105    to read:
106553.796       Building permit exemption for backup power
107    systems.—
108(1)     As used in this section, the term "backup power
109    system" means equipment and associated components installed at
110    or serving a one-family or two-family dwelling or townhouse for
111    the purpose of providing on-site electrical power during utility
112    outages, load management, resiliency, or other similar purposes,
113    and which is capable of providing no more than 50 kilowatts of
114    output to the dwelling or townhouse or, if the system includes
115    energy storage, has an aggregate storage capacity of no more
116    than 100 kilowatt hours.
117(2)     A local enforcement agency may not require a building
118    permit, or any local review or approval process that is
119    functionally equivalent to the permitting process, for the
120    design, installation, relocation, replacement, or repair of a
121    backup power system that is installed by a contractor licensed
122    under chapter 489 or a public utility that is exempt from
123    licensure under s. 489.503(4). A local enforcement agency must
124    establish a process for licensed contractors to submit to the
125    local enforcement agency a notice of commencement instead of a
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126    permit application before the installation of a backup power
127    system. The licensed contractor performing the installation must
128    submit such notice of commencement to the local enforcement
129    agency before the installation of a backup power system.
130(3)     The installation of a backup power system performed by
131    an owner and not a contractor licensed under chapter 489 is not
132    eligible for the permit exemption under this section and the
133    owner must proceed under otherwise applicable permitting
134    requirements. This section does not authorize unlicensed
135    contracting.
136(4)     Notwithstanding chapters 125 and 166 or any other law,
137    a county, municipality, or special district may not adopt or
138    enforce an ordinance, a rule, or any other measure, beyond
139    enforcing the standards contained in the Florida Building Code
140    and the Florida Fire Prevention Code, that regulates the
141    installation, relocation, replacement, or repair of backup power
142    systems.
143(5)(a)       A local enforcement agency may conduct an
144    inspection, in person or virtually, of a backup power system to
145    verify compliance with the Florida Building Code and the Florida
146    Fire Prevention Code. An inspection under this subsection may
147    not be conditioned on an owner or the owner's contractor
148    obtaining a building permit, or any local review or approval
149    process that is functionally equivalent to the permitting
150    process, and may not include a plans review. A local enforcement
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151    agency may not require more than one inspection of a backup
152    power system except in the case of noncompliance as provided in
153    subsection (6).
154(b)     An owner or the owner's contractor may choose to have
155    the inspection of a backup power system performed by a private
156    provider in accordance with s. 553.791. A private provider must
157    adhere to the timelines for emergency inspections and submittal
158    requirements of inspection reports. The procedures in s.
159    553.791(13) apply to inspections under this section performed by
160    a private provider.
161(6)     If a local enforcement agency finds that an owner or
162    the owner's contractor has not complied with this section, the
163    local enforcement agency must provide to such person a written
164    notice of correction that cites the specific code sections out
165    of compliance and the required remedy to correct such
166    noncompliance. The local enforcement agency may issue a stop-
167    work order only to address an immediate danger to life or safety
168    and only for the affected portion of the work being performed.
169    Upon request by the owner or the owner's contractor after the
170    noncompliance has been corrected, the local enforcement agency
171    must offer a reinspection date within 2 business days after such
172    request or on the next day inspections are being conducted,
173    whichever is earlier. If a reinspection does not occur within
174    the required timeframe, a private provider inspection report
175    completed pursuant to s. 553.791 constitutes acceptance on the
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176    part of the local enforcement agency.
177(7)     A failed inspection report of a backup power system
178    installed at or serving an existing and occupied one-family or
179    two-family dwelling or townhouse may not be the sole basis for a
180    local enforcement agency to withhold or revoke a certificate of
181    occupancy for the dwelling or townhouse. Instead, the local
182    enforcement agency shall withhold authorization to energize the
183    backup power system until any corrections are performed and
184    verified.
185Section 5.  This act does not alter or abridge the
186    jurisdiction of the Public Service Commission under chapter 366,
187    Florida Statutes, the exemptions for utilities and cooperatives
188    under s. 366.11, Florida Statutes, or the requirements of rule
189    25-6.065, Florida Administrative Code, relating to
190    interconnection and net metering. This act does not affect any
191    tariff, service policy, or interconnection requirements of a
192    utility or cooperative.
193Section 6.  This act shall take effect July 1, 2026.
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